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06/09/2026 Agreement
M0 C(.:'AI 1 1..1"~4.(1 [."tII'011 "1" MV",1.. AI ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Conch Tree & Landscape FContract# Effective Date: Upon Execution Expiration Date: October 1, 2026 Contract Purpose/Description: Native vegetation planting project on County conservation lands located on Big Pine Key. Purpose is to restore native habitat on County conservation lands. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Beth Bergh 305-304-4442 Bergh-Beth@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 75,300.00 Current Year Portion: $ 75,300.00 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the tool ciinnihiiir c. 1ir1t1��irwt is�IQ1Ql Q)t?.Q1Ql or 11"s�s) Budgeted? Yes❑✓ No❑ Grant: $ NA County Match: $ NA Fund/Cost Center/Spend Category: 52002/530460"Repair& Maintenance" ADDITIONAL COSTS Estimated Ongoing Costs: $ 0 /yr For: NA (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer Department/Office Director/ Signature: Beth Bergh Digldly s,g,.d b➢9aih9argh 9 De 2M W 08 11 13 21 04'00' Assistant Director Ana Walter Digitally signed by Ana Walter County Attorney Signature: Date:2026.06.08 11 25 28-04'00' Gaelan P Jones DigitallyagnedbyGaelanPJones Risk Management Signature: Date:2026.06.081323:59-04'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.06.08 16:02:44-04'00' (email contracts(&,monroecounty-fl.gov) Arlene Martinez Date1lysigned.06.08 Arlene Martinez OMB Signature: Date:2026.06.08 16:34:50-04'00' (email OMB(&monroecoumy-fl.gov) Comments: Revised BOCC 11/12/2025 � _°d I I 12 .02 911 I1 �x �: AGREEMENT FOR Native Vegetation Planting Project on Monroe County Conservation Lands on Big Pine Key This Agreement("Agreement")made and entered into this 91h day of June 2026,by and between Monroe County, a political subdivision of the State of Florida, ("County")whose address is 1100 Simonton Street, Key West, Florida, 33040, and Conch Tree & Landscape Professionals, Inc. ("Contractor"), whose address is 209 N Airport Road, Tavernier, Florida, 33070. WHEREAS, County desires to contract for professional services to complete a native vegetation planting project on Monroe County conservation lands located on Big Pine Key; and WHEREAS, Contractor desires to and is able to perform the work and/or services described in Paragraph 2 and Attachment A; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, it is agreed as follows: 1. THE AGREEMENT The Contract Documents consist of this Agreement and any amendments executed by the parties hereafter, including the exhibits and all required insurance documentation and licenses. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. 2. SCOPE OF WORK The Contractor shall perform professional landscaping services on Monroe County conservation lands identified in the Specifications (Attachment A). Contractor shall perform all of the work in accordance with the Specifications (Attachment A), attached hereto and incorporated as part of this document. 3. TERM OF AGREEMENT A. This Contract shall commence upon execution by both parties and terminate on October 1, 2026, or upon completion of the project, whichever occurs first. B. The parties may elect to extend this Agreement for up to three months if the work has not been completed by October 1, 2026. 4. CONTRACT SUM AND PAYMENTS TO CONTRACTOR A. County's performance and obligation to pay under this Agreement, is contingent upon an annual appropriation by the Board of County Commissioners. County shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. Page 1 of 32 B. Contractor shall submit to the appropriate County representative, invoices with supporting documentation acceptable to the Clerk, upon completion of the work. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. C. Payment to the Contractor under this Agreement shall not exceed $ 75,300.00 5. INDEPENDENT CONTRACTOR At all times and for all purposes under this Agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 6. LICENSES Contractor has, and shall maintain throughout the terms of this Agreement, all appropriate licenses to complete the work under this Agreement. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. Contractor shall assign only qualified personnel to perform any service concerning the project. 7. ASSIGNMENT The Contractor shall not assign this Agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This Agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 8. INSURANCE Contractor shall obtain and maintain at its own expense the insurance coverages listed within this paragraph prior to commencing service under this Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review. The Contractor must keep in full force and effect the insurance described during the term of this Agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Contractor must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with Monroe County Risk Department, as appropriate, whenever acquired, amended, and annually during the term of this Agreement. Prior to execution of this Agreement, Contractor shall furnish the County Certificates of Insurance indicating the minimum coverage limitations in the following amounts: • WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of $100,000.00 Page 2 of 32 bodily injury by accident, $500,000.00 bodily injury by disease,policy limits, and$100,000.00 bodily injury by disease, each employee. If the Contractor has been approved by the Florida Department of Labor as an authorized self-insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. • COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $100,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $50,000.00 per person, $100,000.00 per occurrence, and $25, 000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. • COMMERCIAL GENERAL LIABILITY. Prior to the commencement of work governed by this contract,the Contractor will obtain Commercial General Liability Insurance. Coverage will be maintained throughout the life of the Agreement and include, as a minimum: Premises Operations; Products and Completed Operations; Blanket Contractual Liability; Personal Injury Liability. The minimum limits acceptable is: $300,000 Combined Single Limit(CSL). An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported should extend for a minimum of twelve months following the acceptance of work by the County. • CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County,its officials,employees,agents, and volunteers. Failure of Contractor to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED ON ALL GENERAL AND AUTO LIABILITY POLICIES REQUIRED BY THIS SECTION. 9. INDEMNIFICATION The Contractor to whom a contract is awarded shall defend, indemnify, and hold harmless the County as outlined below: The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, Page 3 of 32 and employees from any and all claims, demands, or causes of action for bodily injury (including death),personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Contractor utilizing the property governed by this Contract agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. The indemnification obligations under the Contract shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers' compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of the Contractor or of any third party to whom Contractor may subcontract a part or all of the Work. This indemnification shall continue beyond the date of completion of the work. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, nothing herein nor the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government insurance pool coverage shall be deemed a waiver of immunity by the County. 10. RECORDS Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and Contractors'representatives.All records shall be kept for ten(10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by Monroe County or the County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Page 4 of 32 F.S., running from the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven(7)years from the termination of this agreement or in accordance with the State of Florida retention schedules (https:Hdos.fl.gov/library-archives/records-management/general-records-schedules/), whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for the applicable retention period following the termination of this Agreement. 11. STATE OF FLORIDA E-VERIFY Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, as may be amended from time to time, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. Pursuant to Section 448.095: 1. A public agency, Bidder, or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity. 2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. 3.A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a Bidder under this paragraph, the Bidder may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract. 12. UNCONTROLLABLE CIRCUMSTANCES Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d)government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the Page 5 of 32 date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably unanticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. 13. GOVERNING LAW,VENUE, INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie exclusively with the appropriate court, or before the appropriate administrative body, in Monroe County, Florida. 14. SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 15. ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing parry, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 16. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 17. AUTHORITY Page 6 of 32 Each parry represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 18. ADJUDICATIONS OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any parry shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 34 concerning termination or cancellation. 19. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other parry, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 20. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 21. PUBLIC ENTITY CRIME INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 22. ETHICS ETHICS CLAUSE. Contractor warrants that he/she/it had not employed, retained, or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Page 7 of 32 CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 23. NO SOLICITATION/PAYMENT The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it,to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion,to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 24. PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Page 8 of 32 contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody,release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH ST., SUITE 408, KEY WEST, FL 33040, PUBLICRECORDSkMONROECOUNTY FL.GOV, (305) 292-3470. 25. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered Page 9 of 32 into by the County be required to contain any provision for waiver. 26. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 27. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-parry claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 28. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 29. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 31. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 32. PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth. The Page 10 of 32 provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licenser of contractor. 33. NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested and postage pre- paid, or by courier with proof of delivery and delivery pre-paid. to the following: FOR COUNTY FOR CONTRACTOR Christine Hurley Martin S. Volland County Administrator President 1100 Simonton Street 209 N Airport Rd Key West, FL 33040 Tavernier, FL 33070 (305)292-4441 (305)522-6426 34. TERMINATION In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. A. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) days written notice of its intention to do so. B. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination,unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. C. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY Page 11 of 32 terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this AGREEMENT prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. D. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 35. NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794),which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: Page 12 of 32 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color,religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Page 13 of 32 contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 36. SCRUTINIZED COMPANIES For Contracts of any amount, if the COUNTY determines that the CONSULTANT has submitted a false certification under Subsection 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel,the COUNTY shall have the option of (1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the COUNTY determines that the CONSULTANT submitted a false certification under Subsection 287.135(5), Florida Statutes, or if the CONSULTANT has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria, the COUNTY shall have the option of(1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met. 37. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. Page 14 of 32 38. MUTUAL REVIEW This agreement has been carefully reviewed by the Contractor and the County; therefore this agreement is not to be construed against either party on the basis of authorship. 39. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this 9th day of June ,2026. MONROE COUNTY: Christine Hurle Digitally signed by Christine Hurley Y Date:2026.06.1009:38:11-04'00' June 9, 2026 County Administrator or Designee Date Christine Hurley Printed Name MONROE COUNTY ATTORNEY R ♦y ty�� �1 APPROVED AS TO FORM CONTRACTOR NAME: ��� e,���Q�-0I4�Iyslgned by Ana Walter WC Date:202b.06.02 09:17:37 Ana Walter Signature: ASST COUNTY ATTORNEY Name: Re--v l r) -S V61 ,e Title: Pre6 i,)-e-n� Date:- P .v- Page 15 of 32 ATTACHMENT A Work Specifications PROJECT: Native planting on Monroe County Conservation Land on Big Pine Key, Florida, 33043. LOCATIONS: 1. San Sebastian Dr, RE4 00312573-002700, 00312573-002600, 00312573-002500 2. San Remo Dr, 00312573-000300 3. San Remo Dr, 00312573-002100 4. San Remo Dr, 00312572-002600, 00312572-002500 5. Malaga Ln, 00311490-000000, 0031148-000000 6. Malaga Ln, 00311340-000000 7. Delgado Ln, 00311010-000000, 00311030-000000 8. Witters Ln, 00310460-000000 9. Primrose Ln, 00268370-000000 10. Violet Dr, 00266160-000000, 00266170-000000 11. Buttonwood Dr, 00272350-000000 12. East Sandy Cir, 00258160-000000 13. Saratoga Ave, 00250160-000000 Scope of Work: The purpose of the project is to create native habitat on the sites by planting native vegetation. The installation will require augering holes (or digging holes with backhoe or similar) and addition of organic soil (50150 mix or similar) as needed. Plants must be installed level with surrounding elevation; no mounding of soil. Mulch must be placed around all plantings (mulch supplied by the contractor). Large trees must be staked/braced as needed(as determined by Land Steward staff). All blolly and wild dilly must be braced to prevent deer leaning them over. Piles of soil from digging holes must be spread out and not left in piles. This project is for the supply and installation of all listed plant material on the site. All plants must be landscape quality, with full canopy, and must meet the minimum specifications listed on the attached plant list. Field grown may be substituted for pot size for large canopy trees if it still meets the height requirements and is approved by the Land Steward. All plant material must be approved by the Land Steward prior to installation. The County reserves the right to reject any landscape materials due to poor quality. Substitutions not accepted unless previously approved by the Land Steward. See attached vegetation list. Contractor must not disturb existing native vegetation on the sites. Any ruts created by installation equipment must be smoothed and graded at end of project. The sites must be left clean and in good condition. The Contractor is responsible for four watering events (via water truck or similar): one on the day of planting; the second within 2-3 days after planting; the third 3-5 days following the second; and the fourth 3-5 days following the third. If it rains prior to the second, third, or fourth watering, then the Contractor should hold off on the watering event until it hasn't rained for 2-4 days. Water is available at the Land Steward's office at Blue Heron Park on Big Pine Key. This location is also available as a staging area for plant material, if needed. Page 16 of 32 Site Maps (Conservation lots to be planted outlined in yellow) Protect Mai) (central Bi Pine Ke y, r. i I' t r u, nay r I i I N� �t f� Area l:Sites 1 2 3 4 5 6 7 & 8 IN N n� a � I �j 41, II , ilu�lii � 0 n I i.................. ro Page 17 of 32 Area 2:Sites 9, 10, & 11 lo�ool I I � � r r ,r i a it i / w r 1� Area 3: Sites 12 & 13 e I i u ,fN 9Nro rarAF, � r; t Page 18 of 32 Site 1: San Sebastian Dr, RE4 00312573-002700, 00312573-002600, 00312573-002500. South of 2073 San Sebastian Dr. �, ail �► f 0 i ce ' / n r Site 2: San Remo Dr, 00312573-000300. North of 2282pISan Remo Dr. A / � M N Ile P F I� Page 19 of 32 Site 3: San Remo Dr, 00312573-002100. South of 2096 San Remo Dr. y Site 4 San Remo Dr, 0031257 2-002600, 003 12572-002500. East of 2008 San Remo Dr. r. �IV� ii`��i quill gyp° r Illllli V�1 6`- , © i I � i ,,,,fin erkr�r rr nf�PJ 'T' aWLM1Y �,„ , Page 20 of 32 Site 5: Malaga Ln, 00311490-000000, 0031148-000000. West of 30917 Malaga Ln. These lots have been recentl cleared of exotics. f f V, IG n �yr ���,,,i�1✓�rur�auwou �99N�rfU%✓ii� w y ✓Sf�� ,x n ✓ yw i i Site 6: Ma la a Ln 00311340-000000. West of 20868 Malaga Ln. u IRi F Page 21 of 32 Site 7: Delgado Ln, 00311010-000000, 00311030-000000. Each side of 30836 Delgado Ln. These lots have been recently cleared of exotics. ,��iauai((f0 r wiw i', C 1� Site 8: Witters Ln, 00310460-000000. West of 30849 Witters Ln. itlu I� Lf Cy ; � ',3p131N31�dTFEF25 LhF . Page 22 of 32 Site 9: Primrose Ln, 00268370-000000. West of 29118 Primrose Ln. I c c IIIIII I �I III V I��°Iljll'� u � II l i �f Site 10: Violet Dr, 00266160-000000 00266170-000000. West of 29037 Violet Dr. 11' P IY� it i e Gii 1)r�„ Page 23 of 32 Site 11: Buttonwood Dr, 00272350-000000. South of 1655 Buttonwood Dr. This lot has been eared of exot ics. i / j/ /iii, Site 12: East Sandy Cir, 00258160-000000. South of 350 Sand Cir. rti �i i i Gf Page 24 of 32 Site 13: Saratoga Ave, 00250160-000000. East of 29439 Saratoga Ave. low I � i I I°I II I it y i t. J n� � I w II� � .r 1 f t '�%0 ll�lFfl �„✓ ;; '„,,,,„rod ,; ,,, �� iii r*2940 ru, ,TOGAAV s 16�� oii�2✓l' �„ram Page 25 of 32 Plants to be supplied and installed by Contractor Size(min. height Total Common Name Latin Name and/or min. pot Quantity size Blolly Gua ira discolor 8-foot minimum 13 Coontie Zamia inte ri olia 3-gallon 6 Fiddlewood Citharex lum s inosum 15-gallon 2 Green buttonwood Concocarpus erectus Approx 15-gallon, 10 bush min 5-6 ft Green buttonwood Concocarpus erectus Approx. 25-gallon, 71 bushy (min height of8ft Gumbo limbo Bursera simaruba 8-foot minimum 12 Jamaican caper Morisonia c no hallo hora 15-gallon 44 Jamaican dogwood Piscidia piscipula 7-gallon 5 Key thatch palm Leucothrinax morrisiii min 1 ft clear trunk 8 Keys blackbead Pithecellobium ke ense 7-gallon 15 Locustberry B rsonima lucida 3-gallon 27 Long-stalked stopper Mosiera lon i es 3-gallon 11 Lopsided Indian grass Sor hastrum secundum I-gallon 28 Muhlygrass Muhlenber is ca illaris 3-gallon 15 Paradise tree Simarouba glauca 8-foot minimum 1 Rhacoma Crosso etalum rhacoma 3-gallon 3 Saw palmetto Serona re ens 3-gallon 10 Sea grape Coccoloba uvifera 15-gallon (min 7 height of 4-5 ft Sea grape Coccoloba uvifera 25-gallon (min 6 height 8 ft Shortleaf fig Ficus citri olia 8-foot minimum 3 South Florida slash pine Pinus elliottii var. densa 3-gallon 4 Spanish stopper Eu enia oetida 15-gallon 71 Strangler fig Ficus areus 8-foot minimum 4 White stopper Eugenia axillaris 7-gallon 20 Wild dilly Manilkara jaimiqui ssp. 6-foot minimum 6 emar inata minimum 15 Wild sae Lantana involucrata 3-gallon 18 Total 420 Page 26 of 32 ATTACHNIENT C COUNTY FO S NON-COLLUSION AFFIDAVIT I, M_ct,a- ,n 5, `4e ' G4y of the city `Tcoj e f n t e r according to law on my oath,and under penalty of perjury,depose and say that: 1. I am P_ r Ia-e(t S of the firm of Cc,r) h--i`re.e c" i-_ca-)A s c c`to the proposer making the Proposal for the project described in the notice for calling for proposals for: and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law,the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly,to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person,partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and S. The statements contained in this affidavit are true and correct, and made with full knowledge of said project. jMmAn A W=-U (Signature of Proposer) (Date) STATE OF: COUNTY OF: IMIAO Subscribed and sworn to(or affirmed)before me,by means of R]physical presence or❑ online notarization,on - 4 (date) by ���� (name of affiant). He/She is personall known to me or has produced type of identification)as idqtificqJ1Vn. NOTARY PUBLIC (SEAL) My commission expires: K, No�aryblic State of Floridaic Parker mission HH 515403 es 4/14/2028 Page 27 of 32 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE m (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,the full amount of any fee, commission, percentage, gift,or consideration paid to the former County officer or employee". . (Signature) Date: STATE OF: COUNTY OF: i( Subscribed and sworn to(or affirmed)before me,by means of aphysical presence or❑ online notarization,on_ L[ 1 SCV4 (date) by (name of affiant). He/She is personal.known to me or has produced (type of identification)as identification. NOTARY PUBLIC (SE L My commission expires: p Notary Public state of Florida Eric Parker !I!i My Commission HH$15403 Expires 4114/2028 Page 28 of 32 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that: (Name of Business) I. Publishes a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notifies the employees that,as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer's Signature � — Date STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed)before me, by means of R'physical presence or❑ online notarization,on M g 4 (date)by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. Notlary Public State of F►onda NOTARY PUBLI (SEAL} Eric Parksr MY Commission HH 5i5403 My commission expires: tttt ExP Tres 41A412028 Page 29 of 32 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to public entity,may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (� },m7 S , °�, }'c (Proposer's name)nor any Affiliate has been placed on the convicted vendor list within the last thirty-six(36)months. (Signature) Date: " STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed)before me,by means of((physical presence or❑ online notarization,on °°' (date) by (name of affiant). He/She is personally known to me or has produced a of identification)as identification NOTARY PUBLIC - (SEAL) ot Florida My commission expires: r Publi Er c State r NoGa Y parka 15403 iC 5 MY commission HN ittt Expires 41A41202$ Page 30 of 32 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s):-N",t r- V-C k,M A"if 1 'ect evil, se-rv"on L"d-s Cry Respondent Vendor Name: C-OnA Vendor FEIN: S 1 Vendor's Authorized Representative Name and Title: MOH < \1011asd Address: 209 A/ — City:=o,"i-n-'-ei- state: F t- zip:, 33c),1-6 Phone Number 305--5 2- 2-6 Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135,Florida Statutes,also prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were created pursuant to s.215.473,Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent,I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott oflsrael and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Terrorism Sectors List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees,and/or costs.I further understand that any contract with the County may be terminated, at the option of the County,if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Certified By: ve, who is authorized to sign on behalf of the above referenced company. Authorized Signature: 3 Print Name: Title: �?. - lotf- Note:The List are available at the following Department of Management Services Site: tittIL/—,',L,6Lwrtdn�s.in�,florida.qoiiL q�sines�_ atiL)ns - in on ati �b _ _W�gL -Z-�tqtq diasina/vendg r n icjLd uspnidgjj is cri -yL j lists Page 31 of 32 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: r�g,� y f � � e Pr �r���de�➢7cz�s� Vendor FEIN: Vendor's Authorized Representative: ,t-r., S., \[&HCL j (Name and Title) Address: e) Nr- City: TOLV,e-r-A i, �r State: E L.., Zip:Mo,7 n Phone Number: C7�a - j� Email Address: C'ot)Chjr e e Abell-&,, n p As a nongovernmental entity executing,renewing,or extending a contract with a government entity,Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threatening to use physical force against any person; 2. Restraining,isolating,or confining or threating to restrain,isolate,or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt,if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt,the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06.Additionally, Vendor has reviewed Section 787.06,Florida Statutes,and agrees to abide by same. Certified By: b H&D , who is authorized to sign on behalf of the above referenced company. Authorized Signature: '( 4 Print Name: A 7- ;A 5. A E , Title: Page 32 of 32 it DATE(MM/DD/YYYY) Allii�CC>R CERTIFICATE OF LIABILITY INSURANCE 06/02/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY PHONE FME OFFICE:P.O.BOX 328 (A/C,No,Ext):888-333-4949 INC,A/ No):507-446-4664 OWATONNA,MN 55060 ADDRESS:CLIENTCONTACTCENTER@FEDINS.COM INSURERS AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED INSURER B: CONCH TREE&LANDSCAPE PROFESSIONALS,INC. INSURER C: 209 N AIRPORT RD TAVERNIER,FL 33070-2413 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:6 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DDIYVYV MMIDD/YYYV X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES $100,000 (Ea occurrence) MED EXP(Any one person) EXCLUDED A Y N 1925636 04/01/2026 04/01/2027 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ❑JPECT ❑LOC PRODUCTS&COMPIOP ACC $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) JANYAUTC BODILY INJURY(Per Person) AOWNED AUTOS ONLY gUTESULED Y IN 1925636 04/01/2026 04/01/2027 BODILY INJURY(Per Accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per Accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS-MADE AGGREGATE DED I RETENTION ANY PROPRIETORIPARTNER/EXECUTIVE PER STATUTE 77T.ER OFFICER/MEMBER EXCLUDED? YIN (Mandatory in NH) E.L EACH ACCIDENT If yes,describe under N/A DESCRIPTION OF OPERATIONS below E.L DISEASE EA EMPLOYEE E.L DISEASE POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT SEE ATTACHED PAGE / BY DATE WAIVER N/AX YES CERTIFICATE HOLDER CANCELLATION M COUNTY BOARD OF COUNTY COMMISSIONERS 6 1 500 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED WHIT WHITEHEAD ST KEY WEST,FL 33040-6351 BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I n © 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: Ac "� LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY CONCH TREE&LANDSCAPE PROFESSIONALS,INC. 209 N AIRPORT RD POLICY NUMBER TAVERNIER,FL 33070-2413 SEE CERTIFICATE#6.1 CARRIER NAIC CODE EFFECTIVE DATE:SEE CERTIFICATE#6.1 SEE CERTIFICATE#6.1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ADDITIONAL NAMED INSUREDS INCLUDE CONCH LAWN PROFESSIONALS. INC THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. ACORD 101 (2008/01) O 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD it DATE(MM/DD/YYYY) Allii�CC>R CERTIFICATE OF LIABILITY INSURANCE 06/02/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY PHONE FME OFFICE:P.O.BOX 328 (A/C,No,Ext):888-333-4949 INC,A/ No):507-446-4664 OWATONNA,MN 55060 ADDRESS:CLIENTCONTACTCENTER@FEDINS.COM INSURERS AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED INSURER B: CONCH TREE&LANDSCAPE PROFESSIONALS,INC. INSURER C: 209 N AIRPORT RD TAVERNIER,FL 33070-2413 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:6 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DDIYVYV MMIDD/YYYV X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES $100,000 (Ea occurrence) MED EXP(Any one person) EXCLUDED A Y N 1925636 04/01/2026 04/01/2027 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ❑JPECT ❑LOC PRODUCTS&COMPIOP ACC $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) JANYAUTC BODILY INJURY(Per Person) AOWNED AUTOS ONLY gUTESULED Y IN 1925636 04/01/2026 04/01/2027 BODILY INJURY(Per Accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per Accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS-MADE AGGREGATE DED I RETENTION ANY PROPRIETORIPARTNER/EXECUTIVE PER STATUTE 77T.ER OFFICER/MEMBER EXCLUDED? YIN (Mandatory in NH) E.L EACH ACCIDENT If yes,describe under N/A DESCRIPTION OF OPERATIONS below E.L DISEASE EA EMPLOYEE E.L DISEASE POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT SEE ATTACHED PAGE BY DATE WAIVER NIAX YES CERTIFICATE HOLDER CANCELLATION M COUNTY BOARD OF COUNTY COMMISSIONERS 6 1 500 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED WHIT WHITEHEAD ST KEY WEST,FL 33040-6351 BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I n © 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD